Results for 'Consent'

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  1.  3
    Consent in the Law.Deryck Beyleveld - 2007 - Hart.
    In a community that takes rights seriously, consent features pervasively in both moral and legal discourse as a justifying reason: stated simply, where there is consent, there can be no complaint. However, without a clear appreciation of the nature of a consent-based justification, its integrity, both in principle and in practice, is liable to be compromised. This book examines the role of consent as a procedural justification, discussing the prerequisites for an adequate consent -- in (...)
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  2.  58
    Seeking Consent to Genetic and Genomic Research in a Rural Ghanaian Setting: A Qualitative Study of the MalariaGEN Experience. [REVIEW]Paulina Tindana, Susan Bull, Lucas Amenga-Etego, Jantina de Vries, Raymond Aborigo, Kwadwo Koram, Dominic Kwiatkowski & Michael Parker - 2012 - BMC Medical Ethics 13 (1):15-.
    Background: Seeking consent for genetic and genomic research can be challenging, particularly in populations with low literacy levels, and in emergency situations. All of these factors were relevant to the MalariaGEN study of genetic factors influencing immune responses to malaria in northern rural Ghana. This study sought to identify issues arising in practice during the enrolment of paediatric cases with severe malaria and matched healthy controls into the MalariaGEN study. Methods: The study used a rapid assessment incorporating multiple qualitative (...)
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  3. Informed Consent and Health: A Global Analysis.Thierry Vansweevelt & Nicola Glover-Thomas (eds.) - 2020 - Cheltenham, UK: Edward Elgar Publishing.
    Informed consent is the legal instrument that purports to protect an individual's autonomy and defends against medical arbitrariness. Informed Consent and Health highlights that possession of complete information about all relevant aspects of a proposed treatment is integral to the ability of a patient to make an informed choice. With patient choice at both legislative and judicial levels rising to greater levels of prominence, this timely book examines how the tensions between the rights of patients to make choices (...)
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  4. Du Consentement À la Représentation Politique: Rousseau Critique de Locke?Ludmilla Lorrain - 2022 - In Johanna Lenne-Cornuez & Céline Spector (eds.), Rousseau Et Locke. Dialogues Critiques. Oxford University Studies in the Enlightenment, Liverpool University Press.
  5. Epistemic Consent and Doxastic Justification.Luis Oliveira - 2022 - In Luis Oliveira & Paul Silva (eds.), Propositional and Doxastic Justification: New Essays on Their Nature and Significance. New York: Routledge. pp. 286-312.
    My starting point is what I call the Normative Authority Conception of justification, where S is justified in their belief that p at t (to some degree n) if and only if their believing that p at t is not ruled out by epistemic norms that have normative authority over S at t. With this in mind, this paper develops an account of doxastic justification by first developing an account of the normative authority of epistemic norms. Drawing from work in (...)
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  6. Autonomy, Consent and the Law.Sheila McLean - 2009 - Routledge-Cavendish.
    From Hippocrates to paternalism to autonomy : the new hegemony -- From autonomy to consent -- Consent, autonomy, and the law -- Autonomy at the end of life -- Autonomy and pregnancy -- Autonomy and genetic information -- Autonomy and organ transplantation -- Autonomy, consent, and the law.
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  7.  80
    Common Consent Arguments for Belief in God.Marcus Hunt - 2022 - Dialogue: A Journal of Philosophy and Religion (58):17-22.
    A popular introduction to common consent arguments for belief in God.
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  8. Consent, Coercion, and Sexual Autonomy.Jeffrey A. Gauthier - 1999 - In Keith Burgess-Jackson (ed.), A Most Detestable Crime: New Philosophical Essays on Rape. Oxford University Press. pp. 71-91.
    Feminist legal scholarship has questioned the usefulness of non-consent as a criterion for rape. Under conditions of generalized sexual oppression, consent may not be an adequate for absence of coercion. I defend this argument and propose that rape law reform can be usefully informed by state protection of workers in the capitalist labor market, where it is assumed that the parties occupy an unequal bargaining position.
     
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  9. Rethinking Informed Consent in Bioethics.Neil C. Manson - 2007 - Cambridge University Press.
    Informed consent is a central topic in contemporary biomedical ethics. Yet attempts to set defensible and feasible standards for consenting have led to persistent difficulties. In Rethinking Informed Consent in Bioethics Neil Manson and Onora O'Neill set debates about informed consent in medicine and research in a fresh light. They show why informed consent cannot be fully specific or fully explicit, and why more specific consent is not always ethically better. They argue that consent (...)
  10.  62
    Informed Consent: A Primer for Clinical Practice.Deborah Bowman - 2011 - Cambridge University Press.
    Machine generated contents note: 1. Introduction: why focus on informed consent?; 2. Deciding who decides: capacity and consent; 3. Putting the informed into 'informed consent': information and decision-making; 4. Freedom of expression: the voluntary nature of consent; 5. A patient's prerogative? The continuing nature of consent; 6. Concluding words about consent; Index.
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  11.  77
    Informed Consent as Waiver: The Doctrine Rethought?Emma C. Bullock - 2010 - Ethical Perspectives 17 (4):529-555.
    Neil Manson and Onora O’Neill have recently defended an original theory of informed consent in their book Rethinking Informed Consent in Bioethics (2007). The development of their ‘waiver’ model is premised on the failings of the theory of informed consent as disclosure, which is rejected on two counts: firstly, the disclosure model’s implicit reliance upon a ‘conduit-container’ model of communication means that the regulatory requirements of informed consent can rarely be achieved; secondly, the model’s purported ethical (...)
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  12. La fabrique du consentement: comprendre, accepter, consentir.Jean-Philippe Pierron (ed.) - 2022 - Latresne: le Bord de l'eau.
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  13. The Consent Solution to Punishment and the Explicit Denial Objection.Miroslav Imbrisevic - 2010 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 25 (2):211-224.
    Recently, David Boonin has put forward several objections to Carlos S. Nino's 'Consensual Theory of Punishment'. In this paper I will defend Nino against the 'explicit denial objection'. I will discuss whether Boonin's interpretation of Nino as a tacit consent theorist is right. I will argue that the offender's consent is neither tacit nor express, but a special category of implicit consent. Further, for Nino the legal-normative consequences of an act (of crime) are 'irrevocable', i.e. one cannot (...)
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  14.  54
    Elusive Consent.Alexandra Lloyd - 2021 - Public Affairs Quarterly 34.
    Deception, like coercion, can invalidate the moral force of consent. In the sexual domain, when someone is deceived about some feature of their partner, knowledge of which would be dispositive of their decision to have sex – a dealbreaker – the moral validity of their consent is undermined. I argue that in order to determine whether someone has discharged their duties of disclosure in the sexual domain, we should ask whether, upon receiving a token of consent to (...)
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  15. Autonomy, Consent, and the “Nonideal” Case.Hallvard Lillehammer - 2020 - Journal of Medicine and Philosophy 45 (3):297-311.
    According to one influential view, requirements to elicit consent for medical interventions and other interactions gain their rationale from the respect we owe to each other as autonomous, or self-governing, rational agents. Yet the popular presumption that consent has a central role to play in legitimate intervention extends beyond the domain of cases where autonomous agency is present to cases where far from fully autonomous agents make choices that, as likely as not, are going to be against their (...)
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  16.  32
    Informed Consent in Clinical Studies Involving Human Participants: Ethical Insights of Medical Researchers in Germany and Poland.Cristian Timmermann, Marcin Orzechowski, Oxana Kosenko, Katarzyna Woniak & Florian Steger - 2022 - Frontiers in Medicine 9:901059.
    Background: The internationalization of clinical studies requires a shared understanding of the fundamental ethical values guiding clinical studies. It is important that these values are not only embraced at the legal level but also adopted by clinicians themselves during clinical studies. Objective: Our goal is to provide an insight on how clinicians in Germany and Poland perceive and identify the different ethical issues regarding informed consent in clinical studies. Methods: To gain an understanding of how clinicians view clinical studies (...)
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  17. Informed Consent: What Must Be Disclosed and What Must Be Understood?Joseph Millum & Danielle Bromwich - 2021 - American Journal of Bioethics 21 (5):46-58.
    Over the last few decades, multiple studies have examined the understanding of participants in clinical research. They show variable and often poor understanding of key elements of disclosure, such as expected risks and the experimental nature of treatments. Did the participants in these studies give valid consent? According to the standard view of informed consent they did not. The standard view holds that the recipient of consent has a duty to disclose certain information to the profferer of (...)
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  18.  2
    Beyond Consent: Seeking Justice in Research.Jeffrey P. Kahn, Anna C. Mastroianni & Jeremy Sugarman (eds.) - 1998 - Oup Usa.
    Beyond Consent examines the concept of justice, and its application to human subject research, through the different lenses of various research populations: children, the vulnerable sick, captive and convenient populations, women, people of colour, and subjects in international settings. Separate chapters address the evolution of research policies, implications of the concept of justice for the future of human subject research, and the ramifications of this concept throughout the research enterprise.
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  19. Consent or Contestation?Duncan Ivison - 2010 - In Jeremy Webber & Colin Mcleod (eds.), Between Consenting Peoples. Vancouver: UBC Press. pp. 188-206.
    That consent could wholly explain – either descriptively or normatively – the legitimacy of the structure of political community and it’s most important and influential institutions and practices is deeply implausible. There are two general sorts of considerations adduced against such a proposition. First, history simply refutes it: force is an essential feature of the founding of any political society, and arguably, for its continued existence, and power relations, in all their complexity, are imperfectly tracked by consent. Moreover, (...)
     
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  20. Consent to Sexual Relations.Alan Wertheimer - 2006 - Law and Philosophy 25 (2):267-287.
    When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? Why is sexual consent generally regarded as an issue about female consent? And what is the moral significance of consent? These are some of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer (...)
     
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  21.  31
    Consent to Sexual Relations.Alan Wertheimer - 2003 - Cambridge University Press.
    When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? Why is sexual consent generally regarded as an issue about female consent? And what is the moral significance of consent? These are some of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer (...)
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  22.  72
    Consent in Children.Donna Dickenson - 1998 - Current Opinion in Psychiatry 11:389-393.
    Children and young people under 18 years old should no longer be regarded as incompetent to give or withhold consent in decisions involving their health care, Recent research suggests a functional test of cognitive and emotional maturity, rather than a strict age cut-off point. However, it is often difficult to implement these recommendations in practice, not least because the law is, if anything, increasingly 'hard-line' about children's autonomy.
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  23. Consent.Jane Kaye & Megan Prictor - 2021 - In G. T. Laurie (ed.), The Cambridge handbook of health research regulation. Cambridge University Press.
     
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  24.  32
    Tailoring Consent to Context: Designing an Appropriate Consent Process for a Biomedical Study in a Low Income Setting.Fasil Tekola, Susan J. Bull, Bobbie Farsides, Melanie J. Newport, Adebowale Adeyemo, Charles N. Rotimi & Gail Davey - unknown
    Background Currently there is increasing recognition of the need for research in developing countries where disease burden is high. Understanding the role of local factors is important for undertaking ethical research in developing countries. We explored factors relating to information and communication during the process of informed consent, and the approach that should be followed for gaining consent. The study was conducted prior to a family-based genetic study among people with podoconiosis (non-filarial elephantiasis) in southern Ethiopia. Methodology/Principal Findings (...)
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  25. Unintentional Consent.Terence Rajivan Edward - 2015 - Kritike 9 (1):86-95.
    Some political philosophers have judged that it is absurd to think that there can be unintentional consent. In this paper, I present an example of unintentional consent, which I refer to as the adapted boardroom example. I consider reasons for denying that this is an example of unintentional consent, but find that these reasons are unconvincing.
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  26. Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, (...)
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  27.  5
    Informed Consent Content in Research with Survivors of Psychological Trauma.Ana Abu-Rus, Noah Bussell, Donald C. Olsen, Marie Ardill Davis-Ku & Meline A. Arzoumanian - 2019 - Ethics and Behavior 29 (8):595-606.
    One hundred eighty trauma-focused dissertations published in the United States were examined to determine the variation in risk language used in the informed consents. Level of risk proposed in the informed consents was poorly related to ratings of risk by graduate coders and virtually unrelated to vulnerability factors such as the age of participants and clinical or nonclinical status. Risk language in the informed consents was markedly elevated over that rated by the coders, with more than one third of the (...)
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  28. Consent Is Not Enough: A Case Against Liberal Sexual Ethics.David McPherson - 2020 - In Bob Fischer (ed.), College Ethics: A Reader on Moral Issues that Affect You, 2nd edition. Oxford University Press.
    The standard liberal sexual ethic maintains that consent is the only requirement for ethical sexual relations. While consent is certainly necessary for an adequate sexual ethic (and it’s important to know what it involves), I argue that it’s far from sufficient. The key claims that I advance are the following: (1) The consent-only model of sexual ethics affirms a “casual” view of sex and therefore it can’t make sense of and properly combat what’s worst in the sexual (...)
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  29. Between Consenting Adults.Onora O'Neill - 1985 - Philosophy and Public Affairs 14 (3):252-277.
  30.  19
    Reconsidering Consent and Biobanking.Emma C. Bullock & Heather Widdows - 2011 - Biobanks and Tissue Research The International Library of Ethics, Law and Technology 8:111-125.
    The acquisition of fully informed consent presents a central ethical problem for the procurement and storage of human tissue in biobanks. The tension lies between the apparent necessity of obtaining informed consent from potential research subjects and the projected future use of the tissue. Specifically, under the doctrine of informed consent medical researchers are required to inform their potential research subjects about the relevant risks and purposes of the proposed research (Declaration of Helsinki, 2008, “Section 24.” Accessed (...)
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  31. Implied Consent and Sexual Assault: Intimate Relationships, Autonomy, and Voice by Michael Plaxton. [REVIEW]Lucinda Vandervort - 2016 - Canadian Journal of Women and the Law 28:697-702.
    This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. (...)
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  32.  23
    Informed Consent: Foundations and Applications.Joanna Smolenski - 2021 - Dissertation, CUNY Graduate Center
    Since its advent in the 20th century, informed consent has become a cornerstone of ethical healthcare, and obtaining it a core obligation in medical contexts. In my dissertation, I aim to examine the theoretical underpinnings of informed consent and identify what values it is taken to protect. I will suggest that the fundamental motivation behind informed consent rests in something I’ll call bodily self-sovereignty, which I argue involves a coupling of two groups of values: autonomy and non-domination (...)
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  33. Informed Consent to HIV Cure Research.Danielle Bromwich & Joseph R. Millum - 2017 - Journal of Medical Ethics 43 (2):108-113.
    Trials with highly unfavourable risk–benefit ratios for participants, like HIV cure trials, raise questions about the quality of the consent of research participants. Why, it may be asked, would a person with HIV who is doing well on antiretroviral therapy be willing to jeopardise his health by enrolling in such a trial? We distinguish three concerns: first, how information is communicated to potential participants; second, participants’ motivations for enrolling in potentially high risk research with no prospect of direct benefit; (...)
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  34.  42
    Is Consent Based on Trust Morally Inferior to Consent Based on Information?Nana Cecilie Halmsted Kongsholm & Klemens Kappel - 2017 - Bioethics 31 (6):432-442.
    Informed consent is considered by many to be a moral imperative in medical research. However, it is increasingly acknowledged that in many actual instances of consent to participation in medical research, participants do not employ the provided information in their decision to consent, but rather consent based on the trust they hold in the researcher or research enterprise. In this article we explore whether trust-based consent is morally inferior to information-based consent. We analyse the (...)
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  35. Consent and the Criminal Law.Lucinda Vandervort - 1990 - Osgoode Hall Law Journal 28 (2):485-500.
    The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights (...)
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  36.  38
    Seeking Consent to Genetic and Genomic Research in a Rural Ghanaian Setting: A Qualitative Study of the MalariaGEN Experience. [REVIEW]P. Tindana, S. Bull, L. Amenga-Etego, J. Vries, R. Aborigo, K. Koram, D. Kwiatkowski & M. Parker - 2012 - BMC Medical Ethics 13 (1):15-15.
    Seeking consent for genetic and genomic research can be challenging, particularly in populations with low literacy levels, and in emergency situations. All of these factors were relevant to the MalariaGEN study of genetic factors influencing immune responses to malaria in northern rural Ghana. This study sought to identify issues arising in practice during the enrolment of paediatric cases with severe malaria and matched healthy controls into the MalariaGEN study.
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  37.  34
    Continuous Consent and Dignity in Dentistry.David Shaw - 2007 - British Dental Journal 203 (11):569-571.
    Despite the heavy emphasis on consent in the ethical code of the General Dental Council (GDC), it is often overlooked that communication difficulties between patient and dentist can cause problems in maintaining genuine consent during interventions. Inconsistencies in the GDC's Standards for dental professionals and Principles of patient consent guidelines are examined in this article, and it is concluded that more emphasis must be placed on continuous consent as an ongoing process essential to maintaining patients' dignity (...)
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  38. Informed Consent: Patient Autonomy and Physician Beneficience Within Clinical Medicine.Stephen Wear & Andrew Crowden - 1996 - Bioethics 10 (1):83-86.
     
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  39. Taking Consent Seriously: Feminist Practical Ethics and Actual Moral Dialogue.Alison Jaggar - 1993 - In Earl Winkler & Jerrold Coombs (eds.), The Applied Ethics Reader. Oxford: Blackwell.
  40. Informed Consent in Computed Tomography: A Case for Standardization.Casey Rentmeester - 2019 - Radiologic Technology 90 (3):300-306.
    Informed consent has become the most obvious instantiation of patient autonomy in contemporary medicine, though as a practice it does not encompass all spheres of medicine. While diagnostic radiological procedures carry some risk due to the use of radiation, there is no standardized practice of informed consent in the United States. The authors describe the ethical justification of informed consent, the legal background surrounding it, and a brief history of radiology and radiological protection. They ultimately argue that (...)
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  41. Consent and the Ethical Duty to Participate in Health Data Research.Angela Ballantyne & G. Owen Schaefer - 2018 - Journal of Medical Ethics 44 (6):392-396.
    The predominant view is that a study using health data is observational research and should require individual consent unless it can be shown that gaining consent is impractical. But recent arguments have been made that citizens have an ethical obligation to share their health information for research purposes. In our view, this obligation is sufficient ground to expand the circumstances where secondary use research with identifiable health information is permitted without explicit subject consent. As such, for some (...)
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  42.  57
    Broad Consent for Research With Biological Samples: Workshop Conclusions.Christine Grady, Lisa Eckstein, Ben Berkman, Dan Brock, Robert Cook-Deegan, Stephanie M. Fullerton, Hank Greely, Mats G. Hansson, Sara Hull, Scott Kim, Bernie Lo, Rebecca Pentz, Laura Rodriguez, Carol Weil, Benjamin S. Wilfond & David Wendler - 2015 - American Journal of Bioethics 15 (9):34-42.
    Different types of consent are used to obtain human biospecimens for future research. This variation has resulted in confusion regarding what research is permitted, inadvertent constraints on future research, and research proceeding without consent. The National Institutes of Health Clinical Center's Department of Bioethics held a workshop to consider the ethical acceptability of addressing these concerns by using broad consent for future research on stored biospecimens. Multiple bioethics scholars, who have written on these issues, discussed the reasons (...)
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  43.  30
    Consent to Deep Brain Stimulation for Neurological and Psychiatric Disorders.Walter Glannon - 2010 - Journal of Clinical Ethics 21 (2):104-111.
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  44.  59
    Reframing Consent for Clinical Research: A Function-Based Approach.Scott Y. H. Kim, David Wendler, Kevin P. Weinfurt, Robert Silbergleit, Rebecca D. Pentz, Franklin G. Miller, Bernard Lo, Steven Joffe, Christine Grady, Sara F. Goldkind, Nir Eyal & Neal W. Dickert - 2017 - American Journal of Bioethics 17 (12):3-11.
    Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. (...)
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  45.  46
    Meta Consent – A Flexible Solution to the Problem of Secondary Use of Health Data.Thomas Ploug & Søren Holm - 2016 - Bioethics 30 (9):721-732.
    In this article we provide an in-depth description of a new model of informed consent called ‘meta consent’ and consider its practical implementation. We explore justifications for preferring meta consent over alternative models of consent as a solution to the problem of secondary use of health data for research. We finally argue that meta consent strikes an appropriate balance between enabling valuable research and protecting the individual.
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  46.  43
    Informed Consent in Implantable BCI Research: Identifying Risks and Exploring Meaning.Eran Klein - 2016 - Science and Engineering Ethics 22 (5):1299-1317.
    Implantable brain–computer interface technology is an expanding area of engineering research now moving into clinical application. Ensuring meaningful informed consent in implantable BCI research is an ethical imperative. The emerging and rapidly evolving nature of implantable BCI research makes identification of risks, a critical component of informed consent, a challenge. In this paper, 6 core risk domains relevant to implantable BCI research are identified—short and long term safety, cognitive and communicative impairment, inappropriate expectations, involuntariness, affective impairment, and privacy (...)
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  47.  32
    Informed Consent in Pediatric Research.Lainie Friedman Ross - 2004 - Cambridge Quarterly of Healthcare Ethics 13 (4):346-358.
    The first principle of the Nuremberg Code requires the informed consent of the subject. Proxy consent was not addressed until the Declaration of Helsinki. U.S. policies regarding consent for the participation of children in research would not be finalized for almost two more decades in subpart D of the federal regulations that govern the participation of subjects in research. In October 2000, the Children's Health Act was passed. Title X required the Secretary of the Department of Health (...)
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  48. Tacit Consent and Political Obligation.A. John Simmons - 1976 - Philosophy and Public Affairs 5 (3):274-291.
  49.  38
    Consent and Assent in Paediatric Research in Low-Income Settings.Phaik Y. Cheah & Michael Parker - 2014 - BMC Medical Ethics 15 (1):22.
    In order to involve children in the decision-making process about participation in medical research it is widely recommended that the child’s assent be sought in addition to parental consent. However, the concept of assent is fraught with difficulties, resulting in confusion among researchers and ethics committees alike.
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  50. Permissive Consent: A Robust Reason-Changing Account.Neil Manson - 2016 - Philosophical Studies 173 (12):3317-3334.
    There is an ongoing debate about the “ontology” of consent. Some argue that it is a mental act, some that it is a “hybrid” of a mental act plus behaviour that signifies that act; others argue that consent is a performative, akin to promising or commanding. Here it is argued that all these views are mistaken—though some more so than others. We begin with the question whether a normatively efficacious act of consent can be completed in the (...)
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